HomeMy WebLinkAbout10-160MAY 11, 2010 10 -160 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY DENNIS WEED
INITIATED BY: LEGAL DEPARTMENT
WHEREAS, the following claim has been referred to the City's insurance carrier
which has recommended disallowance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized and directed to disallow the
following claim against the City of Oshkosh:
Dennis Weed DATE OF LOSS: 01/18/2010
(alleged damages resulting from blockage in sewer system)
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to inform the
claimant by certified mail of the disallowance and the fact that the claimant has six months
from the date of service to appeal.
BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this
resolution and notice of disallowance to the appropriate insurance carrier for the City of
Oshkosh.
MIDWEST
CLAIMS SERVICE
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
April 21, 2010
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 11.30
Oshkosh, WI 54903 -1130
Re: Program:
Our Insured:
Date of loss:
Our Claim #:
Claimant:
Dear Ms. Ubrig,
APR 2 6 2010
CITY CLERKiz) OFFICE
League of Wisconsin Municipalities Mutual Insurance
City of Oshkosh
01/18/2010
WI8 146246
Dennis Weed.
340 Lark Street; Oshkosh, WI 54902
Midwest Claims Service, Inc. administers the claims for the League of Wisconsin
Municipalities Mutual Insurance who provides the insurance coverage for the City of
Oshkosh. We are in receipt of the above - stated claim in which the claimant alleges to have
incurred plumbing costs related to a sewer that would not properly drain on our about January
18, 2010.
We have completed our investigation of this claim and recommend that the City of Oshkosh
deny this claim pursuant to the Wisconsin statute for disallowance of claim 893.80(lg). The
disallowance of the claim in this: manner will allow us to shorten the statute of limitations
period to 6 months.
The basis of this denial should be that there was no negligence on behalf of the City of
Oshkosh. Our investigation has revealed that the cause of the drainage problems was due to
roots blocking the lateral sewer line at the main line. The City of Oshkosh is not liable for
root growth into the lateral line. This invoice is for cleaning the lateral line which the
claimant himself is responsible to maintain.
Please send your denial letter to the above - listed claimant. The denial letter should be sent
certified or registered mail (restricted) and must be received by the Claimant within 120 days
after you received the claim. Please send copy of denial to our address as stated above. If you
have any further questions, please feel free to call me at 800 - 225 -6561 x3099.
Sincerely,
Shannon Fike
Claims Adjuster
cc: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.-